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Home My WebLink About207-17 RESOLUTIONa of FnrcrrF r G .'M ��Kaisstis 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 207-17 File Number: 2017-0503 SCOTT HANCOCK CONVEYANCE OF A PERMANENT ACCESS EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT TO SCOTT HANCOCK ACROSS PART OF THE SOUTH PORTION OF THE GULLEY ROAD WATER TANK PROPERTY TO ALLOW A SECONDARY POINT OF ACCESS WHEREAS, Scott Hancock owns property immediately south of the Gulley Road Water Tank property and has requested a second point of access from Gulley Road across the City's property; and WHEREAS, the City already shares access to an existing drive with Ozarks Electric which owns a facility to the west of the water tank; and WHEREAS, granting the easement will not interfere with current or future utility operations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute the access easement attached to this Resolution in favor of Scott Hancock for the purpose of granting permanent access across City -owned property from Gulley Road to the northeast corner of Scott Hancock's property. PASSED and APPROVED on 10/3/2017 Page 1 Printed on 10/4117 Resolution: 207-17 File Number.• 2017-0503 Annroved: Attest: _ �, iii • _- _ — -_� Sondra E. Smith, City Clerk Treasurer C7■ .irs f AYE7TEVILLE "GT 1 !i 11111�i�` Page 2 Printed on 1014117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0503 Agenda Date: 10/3/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 13 SCOTT HANCOCK CONVEYANCE OF A PERMANENT ACCESS EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT TO SCOTT HANCOCK ACROSS PART OF THE SOUTH PORTION OF THE GULLEY ROAD WATER TANK PROPERTY TO ALLOW A SECONDARY POINT OF ACCESS WHEREAS, Scott Hancock owns property immediately south of the Gulley Road Water Tank property and has requested a second point of access from Gulley Road across the City's property; and WHEREAS, the City already shares access to an existing drive with Ozarks Electric which owns a facility to the west of the water tank; and WHEREAS, granting the easement will not interfere with current or future utility operations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute the access easement attached to this Resolution in favor of Scott Hancock for the purpose of granting permanent access across City -owned property from Gulley Road to the northeast corner of Scott Hancock's property. City of Fayetteville, Arkansas Page 1 Printed on 10/4/2017 City of Fayetteville Staff Review Form 2017-0503 Legistar File ID 10/3/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 9/11/2017 Utilities Director / Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT TO SCOTT HANCOCK FOR ACCESS TO HIS PROPERTY LOCATED NEAR THE GULLEY ROAD WATER TOWER Budget Impact: N/A Account Number N/A N/A Fund N/A Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost $ ^ Budget Adjustment Attached? No Budget Adjustment $ Remaining Budget $ - V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF FAYETTEVI LLE .Y ARKANSAS MEETING OF OCTOBER 3, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: September 12, 2017 CITY COUNCIL. MEMO SUBJECT: Access Easement for Scott Hancock near the Gulley Road Water Tank RECOMMENDATION: Staff recommends a resolution approving the conveyance of an access easement to Scott Hancock, a property owner in the City of Fayetteville, for access to his property located near Gulley Road near the City's water tank. BACKGROUND: The city -owned road to the Gulley Road water tank property runs along the north side of Scott Hancock's property. The road currently has a shared access with Ozarks Electric for a facility to the west. DISCUSSION: Scott Hancock has requested that the City of Fayetteville grant him an access easement so that he can have secondary access to his property. Jorgensen & Associates provided the drawings for the access easement on behalf of Scott Hancock (See Attachment). BUDGET/STAFF IMPACT: None. Attachments: Access Easement Deed Jorgensen & Associates Drawing Map of Area Mailing Address, 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Parcel No. 001-15581-000 ACCESS EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the Scott Hancock, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for ingress, egress and access purposes in, on, over, and across the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section Twenty-nine (29) in Township Seventeen (17) of Range Twenty-nine (29) West, described as beginning at a point Twenty-four (24) rods (396 feet) North of the Southwest corner of said forty acre tract and running thence North Twenty-four (24) rods (396 feet); thence East Eighty (80) rods (1320 feet); thence South Twenty-four (24) rods (396 feet) ; thence West Eighty (80) rods (1320 feet) to the place of beginning, containing 12.0 acres, more or less, subject to easements and rights of way of record. PERMANENT ACCESS EASEMENT DESCRIPTION: Part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SEI/4) of Section Twenty-nine (29) in Township Seventeen (17) of Range Twenty-nine (29) West, described as beginning at a point Twenty-four 396 feet North and 830 feet East of the Southwest corner of said forty acre tract and running thence North 50 feet,- thence eet;thence East 490 feet; thence South 50 feet; thence West 490 feet to the point of beginning, containing 0.56 acres, more or less. Together with the rights, easements, and privileges in or to said lands which may be required forthe full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantees, their heirs, successors and assigns, for the uses and purposes hereinabove set forth. The Grantor agrees not to erect any permanent buildings or structures in said access easement area. The dopsideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 3 t/ day of OC,6G.� , 2017. rta; I AYETTEViLLE; ATTEST:cif �/y O �, . I��Illll141j1 Sondra Smith, City Clerk vin STATE OF ARKANSAS COUNTY OF WASHINGTON City nff aye ville, Arkansas, A m0nicipal corporation ACKNOWLEDGMENT ss. [Seal] BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 3 day of 2017. 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